HomeMy WebLinkAbout1.0 Application•
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursusant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as
amended, and the Subdivision Regulations of Garfield County, Colorado,
adopted April 23, 1984 Section 2:20.49, the undersigned Owners, Daniel A.
Dumas and Gretchen S. Dumas (Agent - Ted O'Leary)respectfully petitions the Board
of County Commissioners of Garfield County, Colorado, to exempt by
Resolution the division of 84.09 acre tract of land into 2 tracts of
approximately 3.84 F, 80.25 acres each, more or less, from the definitions of
"subdivision" and subdivided land" as the terms are used and defined in
C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County
Subdivision Regulations for the reasons stated below:
Owners wish to refinance existing short-term mortgage which encumbers entire 84.09 acres
by obtaining a long-term loan. Lenders are reluctant to finance such a large tract.
Therefore, owners wish to divide acreage so that they my obtain a new loan encumbering
the 3.84 acres and all improvements.
SUBMITTAL REQUIREMENTS:
An application which satisfies the review criteria must be submitted with
all the following information.
A. Sketch map at a minimum scale of 1"=200' showing the legal
description of the property, dimension and area of all lots or
separate interests to be created, access to a public
right-of-way, and any proposed easements for drainage,
irrigation, access or utilities;
B. Vicinity map at a minimum scale of 1"-2000' showing the general
topographic and geographic relation of the proposed exemption to
the surrounding area within two (2) miles, for which a copy of
U.S.G.S. quadrangle map may be used.
C. Copy of the deed showing ownership by the applicant, or a letter
from the property owner(s) if other than the applicant; and
D. Names and addresses of owners of record of land immediately
adjoining and within 200 feet of the proposed exemption, mineral
owners and lessees of mineral owners of record of the property to
be exempted, and tenants of any structure proposed for
conversion; and
E . Evidence of the soil types and characteristics of each type; and
C. Proof of legal and adequate source of domestic water for each lot
created, method of sewage disposal, and letter of approval of
fire protection plan from appropriate fire district; and
G. If connection to a community or municipal water or sewer system
is proposed, a letter from the governing body stating a
willingness to serve; and
H . Narrative explaining why exemption is being requested; and
I. It shall be demonstrated that the parcel existed as described on
January 1, 1973 or the parcel as it exists presently is one of
not more than three parcels created from a larger parcel as it
existed on January 1, 1973.
J . A $100.00 fee must be submitted with the application.
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Recorded at
1j'clock M.
Reception No.
WARRANTY DEED
TIIIS DEED, Made this 14th day of DECEMBER
19 93 between
JAMES C. PARKER
of thc ' County of
GARFIELD
Colorado, grantor, and
DANIEL A. DUMAS AND GRETCHEN S. DUMAS
whose legal address is
Recorder.
and State of
36840 TURBINE WAY, SAUGUS, CA 91350
of the County of
wrrNI3SSH"I'I-I, That thc grantor for and in consideration of thc sum of
***ONE HUNDRED SIXTY THOUSAND AND N0/100*** DOLLARS,
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell,
convey and confirm, unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the
County of GARFIELD and State of Colorado described as follows:
California
and State of (Ic(oW4L, grantee:
SEE EXHIBIT "A" ATTACHED HERETO
AND FORMING A PART HEREOF
as known by street and number as: 7669 COUNTY ROAD 319, SILT, CO
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining,
reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and de
grantor, either in law or equity, of, in, and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee,
forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with
assigns, that at the time of the ensealing and delivery of these presents, he is well seized of tho premises above conveyed, has
and indefeasible estate of in heritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain,
in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales,
encumbrances and restrictions of whatever kind or nature soever, except
and the reversion and
mand whatsoever of the
his heirs and assigns
the grantee, his heirs and
good, suro, perfect, absolute
sell and convey the same
liens, taxes assessments,
SEE EXHIBIT "B" ATTACHED HERETO AND FORMING A PART HEREOF
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee,
his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural
the plural the singular, and the use of any gender shall be applicable to all genders.
WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.,,,,,, -e,)
AMES C. PARKER
by
STATE OF COLORADO
County of GARFIELD
The foregoing instrument was acknowledged before me this 14th
JAMES C. PARKER
My commission expires
April
29, 1994,.+�t *per*
4:4* S. ROSE
MARIE
t
4 STANEK
day of DECEMBER
Witness my hand and official seal.
19 90
Notary Public
400 7th Street South Suite 1000
Rifle, CO 81650
EXHIBIT "B"
General taxes and assessments for the year 1990 and subsequent years.
Right of the proprietor of a vein or lode to extract and remove his
ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted, and a right of way for ditches or canals as
constructed by the authority of the United States, as reserved in
United States Patent recorded December 23, 1896 in Book 12 at Page
444, and in patent recorded April 16, 1913 in Book 73 at Page 160.
Reservation of an undivided one-third interest in all oil, gas and
other minerals as reserved by Myron C. Sours and Kathryne Sours in
deed recorded February 15, 1951 in Book 256 at Page 591 and any
interests therein or assignments thereof.
Any portion of the subject property lying within the right of way for
County Road No. 319 as in place and in use and as described in deed
recorded January 11, 1933 in Book 159 at Page 416.
Easement and right of way for any irrigation ditches as in place and
in use.
Reservation of an undivided one-half interest in and to all oil, gas
and other minerals as reserved by Paul J. Bass and Fern P. Bass in
deed recorded May 27, 1958 in Book 309 at Page 58, and any interests
therein or assignments thereof.
Terms and conditions of Oil and Gas Lease by and between James C.
Parker, as Lessors, and Mobil Oil Corporation, as Lessee, recorded May
23, 1990 in Book 779 at Page 747, and any and all interests therein or
assignments thereof.
Easement and right of way for a power line as shown on survey by
Richard L. Holsan dated November 18, 1990.
Easements and rights of way of an apparent nature.
•
January 7. 1991
Board of County Commissioners
Garfield County, Colorado
Re: Petition for Exemption
!pfE
JAN 10 1991
Gt iLLU COUNTY
Enclosed please find the submitted requirements necessary
for the processing of a subdivision exemption:
A. Sketch map and legal description: enclosed
are two copies of a recent survey, plus two
copies of an improvement location survey
pertaining to the 3.84 acre tract. The
full legal description for both parcels is
also attached to the enclosed warranty deed.
B. Vicinity Map: two copies enclosed.
C. Warranty Deed: two copies enclosed.
D. Adjoining -
Land owners within 200 feet:
James and Carol Parker
7669 County Road 319
Silt, CO 81652
Mr. Paul Pitman
7800 Cost- 219
Silt, CO 81652
H.B. Shaeffer
5957 County Road 319
Silt, CO 81652
Mineral owners:
As detailed on enclosed Schedule B
#8, 9, 12, and 13.
• •
Board of County Commissioners
January 7, 1991
Page Two
Tenants:
Jess and Loise Ehrsam
7669 County Road 319
Silt, CO 81652
E. Soil Types: Maps and Descriptions are enclosed
F. Domestic Water: Please refer to enclosed copy
of letter from High Country Engineering regarding
well and septic on Parcel #1. There are no
improvements currently on Parcel #2 nor are any
anticipated at this time.
G. N/A
H. Reason for exemption request: as related on
the Petition for Exemiatian form.
I. The parcels in question have existed as an
undivided portion of the tract now known as
the Parker Ranch prior to January 1. 1973.
There have been no prior subdivisions or
subdivision exemptions of this tract. Deeds enclosed.
J. $100.00 check is enclosed.
• •
TO: ROART) OF COUNTY COMMISSIONERS OF GAR 'IELD COUNTY
RE: PETITION FOR EXEMPTION
DATE: 1ANUARY 8, 1491
WE THE UNDERSIGNED OWNERS, HEREBY APPOINT TIT) O'LEAXY Or BRAY &
CO., REALTORS TO ACT AS AGENT AND REPRESENT OUR INTERESTS IN THE
SRR_TFCT PF,TTT1ON FOR EXEMPTION.
THANK YOU FOR EXTENDING THIS CONSIDERATION.
DANIEL DUMAS
G TCHEN DUMAS
FILE NO. 9011024-B
w •
SCHEDULE B -SECTION 2
Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same
are disposed of to the satisfaction of the company:
1. Rights or claims of parties in possession not shown by the Public records. -
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey
and inspection of the premises would disclosed and which are not shown by the Public records
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
and not shown by the Public records.
5. Defects, liens, encumberances, adverse claims or other matters, if any, created, first appearing
records or attaching subsequent to the effective date hereof but prior to the date the proposed
of record for value the estate or interest or mortgage thereon covered by this commitment.
imposed by law
in the public
insured acquires
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Any lien or charge on account of the inclusion of subject property in
an improvement district.
8. Right of the proprietor of a vein or lode to extract and remove his ore
therefrom, should the same be found to penetrate or intersect the
premises hereby granted, and a right of way for ditches or canals as
constructed by the authority of the United States, as reserved in
United States Patent recorded December 23, 1896 in Book 12 at Page
444, and in patent recorded April 16, 1913 in Book 73 at Page 160.
9. Reservation of an undivided one-third interest in all oil, gas and
other minerals as reserved by Myron C. Sours and Kathryne Sours in
deed recorded February 15, 1951 in Book 256 at Page 591 and any
interests therein or assignments thereof.
10. Any portion of the subject property lying within the right of way for
County Road No. 319 as in place and in use and as described in deed
recorded January 11, 1933 in Book 159 at Page 416.
11. Easement and right of way for any irrigation ditches or roads as in
place and in use.
CONTINUED ON PAGE 2...
NOTE: EXCEP`T'ION (S) 1, 2, 3, 4 et 7 WILL NOT APPEA1 iN
THE MORTGAGE POLICY TO BE ISSUED HEREUNDER
The Owner's Policy of Title Insurance commited for in this Commitment, if any, shall contain, in addition to the
Items set forth in Schedule B - Section 2, the following items:
(1) The Deed of Trust, if any, required under Schedule B - Section I, Items (b).(2) Unpatented mining claims;
reservations or exceptions in patents or in Acts authorizing the issuance thereof. (3) any and all unpaid taxes,
assessments and unredeemed tax sates.
American Land Title Association Commitment
Schedule B - Section 2
Form 1004-12
FILE NO. 9011024-B410
SCHEDULE B - SECTION 2
CONTINUED
•
12. Reservation of an undivided one-half interest in and to all oil, gas
and other minerals as reserved by Paul J. Bass and Fern P. Bass in
deed recorded May 27, 1958 in Book 309 at Page 58, and any interests
therein or assignments thereof.
:3. Terms and conditions of Oil and Gas Lease by and between James C.
Parker, as Lessors, and Mobil Oil Corporation, as Lessee, recorded
May 23, 1990 in Book 779 at Page 747, and any and all interests
therein or assignments thereof.
14. Easement and right of way for a power line as shown on survey by
Richard L. Holsan dated November 18, 1990.
(PAGE 2)
449
•
November 30, 1990
Mr. Ted O'Leary
Bray & CompanytN
1429 Grand; -Avenue
Glenwood Springs, "CO 81601
•
Re .Well and Septic System Observation'for`Mortgage Loan -
Requirements
HCE File No: ,,,-8006.099
Dear Ted:
The following information refers to the individual sewage disposal
system (I.S.D.S.) and:.domestic water supply -which ,serves the
dwelling located at 7669 County Road 319, Silt, Garfield County,
Colorado. The on-site. observation-madeby -High Country
Engineering, Inc.'for the I.S.D.S. consisted of a visual review of
the ground -surface in the vicinity of the-I.S.D.S. The -domestic
water ,is tested only -for , bacteria by .a qualified laboratory and
High Country Engineering, Inc. (HCE) takes no responsibility for
the :laboratory : test results 'Unless _noted, no`'other. observations
or tests were Made and no other samples were taken
The above referenced I.S.D.S. was reviewed to the extent that HCE
researched a septic system permit, if- one was _issued, . and made -the`t
on-site' observation. A water sample. was taken on November 28,
1990." . The following has been determined:
Enclosed is a copy of an original septic repair system permit
issued, indicating that, at the time of installation, the
system was installed in accordance with Garfield County
regulations. No visible evidence of failure of the I.S.D.S.
serving this dwelling was evident at this time.
2. Enclosed is a_copy .of a memo from a phone conversation with the
testing laboratory results dated November 30, 1990 indicating
that the sampled water does meet the current Colorado State
Requirements of the Standard Bacteriological Water Test.
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: 303-945-8676 • 303-920-3669 • FAX: 303-945-2555
• •
Well .& Septic Loan Reauirements
November;,:30, _1990 .';,`
Page .2
High,Country Engineering, Inc. does not guarantee or take any
responsibility,_nor does it imply the proper installation and/or
functioning, at any time, of the I.S.D.S., or that the water system
is safe for domestic purposes, or that the I.S.D.S. may at some
time, now or in the future, pollute any water supplies, crops,
livestock or .persons. We highly recommend that the system be
'.routinely maintained:
For the buyer's information and future reference, we have enclosed
copies of 'four "Service in Action" sheets from the Colorado State
University Extension Service entitled:
On -Site Water Supply and Wastewater Disposal - Quality
Maintenance of the Water Cycle
Operation of Septic Tank Systems
Septic Tank Maintenance
Septic Tank Systems - Problems and Promises
Sincerely,
EIGr COUNTRY,ENGINEERING, INC.
Timothy P. Beck, P.
TPB:rjm :
Enc
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i;,•,.•,,,,,,,, Nn. __ _......„.,_,_,..,......L..2,_. tll��i Li...L.47_6-44 Rt curdrr.
THIS 1)F:I•:Il, \Iail i• thin 101.11
duy.4 July
IP 79 . betw.'etl John J. Franks, K. Jean Franks,
William J. Hiatt, John T. 13lackis a/k/a John Blackis,
Charly;/i\men, and Joel M. Worley
,.I the
Conn' y II( and State of
1'..l .ra.bO.oftb.• htsl earl.and
James C. Parker
wl,„ legal address is 4900 Lakeshore Drive
F'II,IN(: STA111'
SEP :l 13/3
STfTE r:CL'!i1lARY E(E
Arapahoe and State of (•olnrndn, of the sycond pawl:
ll'I.1'NF:ssi•:'rii.'flut the said pdrty ol'the first part. for and is cnnsidta•ati.n of the sunt of
($1,030,000.00) ---ONE MILLION THIRTY TIIOUSAND AND 00/100--- [1/11,I.A1tS,
i..111, said parte I,f t first purl in hand paid by the said party of the second part. the receipt whereof is hereby
roul'esned lout to knotvledged, has granted, h:u•g:fined, sold and convoyed. and by these presents dues grant. bargain,
ell, cunvey and conl'irut. unto the said party of the second part. his heirs and assigns furovcr, all the fallowing
described lot S nr parcel S of land, situate, lying and being in the
t'.ntnty of Garfield ;and State of Colorado. to -wit:
SEE ATTACHED EXHIBIT A
also known as street and number
TOGETHER with all and singular the hereditaments and appurtenances lherctn belonging, or in anywise apper-
taining. and the reversion and reversions, remain.ler and remainders. rents. issues and profits thereof: and all the
estate. right. title. interest• claim and demand w'halsneverof the said party of the first part. either in law or equity. of.
in and to Ow above bargained premises. with :he 1:,•reditanu•nts and '1ppurr.•nlotus.
1'll 11.\CE AND 111111)1.1) the said 'treatises above ha,•gaint•d and desrriluvl, with he appurtenances, unto the stria
party id the second part. his heirs and assigns forever. And the ,.,id party of the first part. for himself, his heirs,
executors. and administrators, docs covenant. grant. bargain. and agree to and with the said party of the second paint,
his heirs and assigns. that at the 1110.' of the ensenling and delivery of these presents, he is well seized of the premises
• have conveyed. .in of gond, sure. perfoet. ahsnlulr and ind.•foasible estate of inheriUu,re, in law. in fee simple. and has
good right. fall pours and lawful authority to grant. bargain. sell and convey the salve in ntunner and form as
aforesaid. ;and that the sante are free and clean' Inuit all former and other grants, bargains. sales, liens, tares,
assessments and encumbrances of whatever kind or nature stiever, except taxes for the year 1979
and thereafter and the attached Exhibit B.
and the albo1ed bargained promises in the quiet and peaceable possession of the said party of the second part, his
heirs and assigns against all and every person or persons lawfully claiming nr to claim the whole or any part thereof.
the said pant)' of the first part shall and will \VAItRANI' AND FOREVER DEFEND. The singular number shall
includ.' the plural. the plural the sitlrol... and the use of 111)' gender shall be applicable In all genders.
IN 1.I PNESS '.1 hi:b•E(1F, the said party til the first paint has het ,.unto^set his hand and scat the day and year first
f ! i
Tommi ' J.'y(SEAL)
ran s ,/
•
FYaJ enk-1s , IS F' A l l
��/lc/17iISEALI
I William H. Hia t
J
John 9'.'B a �s<
,�
above written.
. STATE. OF COLORADO r///t
'
• �y t Ia\I-ogninl;.instrumenmet was nrknnwledged before th
I.::- Cl 79lh)'f $4, 1 • --k)U,,te., , A/. e
11,0,tl4.N,( z.1,4 _, ,C1/211.4,, Us4s, f.' ,a'._ ,a, (1.11:1L4'..,z,.-, go1,ft 7I). ZGt ,%_
• cly 00n10;issl.in t•xpirt•s, 19 . Witness my hand and official seal.
r' Aly Ccc)gtc -.• .!:!:11 177,1;31
N.tory Pod,
I')FAIl
f /a'%79hn B1ackis
(SEAL)
Cha -les/ en J�
. (SEAL)
•
/1r/ 11
war e0Jlay o e
1
d•e-lii,,) d''' ti ,v. z/t t-eZe,r. I&/4e
No. 932.\. alltti.bNT\DEED. —Y.•.1•In,t,•r,npn,. H."..oi _01974 Bradford PuLtt,tinaCo.,154dStout Street,benver,Coloradol673.601I1-3.79441,
pti
1 of 1 i:e fo] lo\•:i:»G ]c:nr.s
PARCEL I:
PARCEL II:
PARCEL III:•
PARCEL IV:
PARCEL V:'
PARCEL VI:
Section
Section
9:
10:
Section 10:
Section 11:
Section 14:
Section 10:
Section 14:
Section 15:
Section 14:
Section 15:
Section 22:
Section 23:
Section 10:
Section 15:
Section 16:
Section 15:
Section 22:
600K 534 P'CE4 iJ
lying within 'i'p. 7 S., R. 93 W., 6th P.M.
Sw1/4NE1/4, E1/2NE1/4, N1/25E1/4
N'.a1/4, N1/2SW1/4, SWI/4N})/4
N1/25E.1/4, 5E3/45E1/1
5W1/4MW1/4, w1/25:•11/4, SE1/4:ib11/4
S1/2NH1/4, E1/2W1/2, >E1/4, except that
portion conveyed to The Hoard of County
Commissioners of Garfield County by doc:::.;r:n
recorded J2nuary.l1, 1935, in Book 159 at
page 416 as Reception No. 114284.
Sw1/4SE1/4
NW1/4NW1/4
N1/2NE1/4
SW1/4NW1/4, W1/2SW1/4
SE1/4NE1/4, E1/2SE1/4
NE1/4
NW1/4NW1/4, except that portion of Parcel 1
conveyed to Te Pee Bible Camp by Document
277858 in Book 495 at page 332.
S1/25W1/4
NW1/4
El./2NE1/4
sw1/4NE1/4, W1/2SE1/4, SW1/4
NW1/4NW1/4, E1/2NW1/4, N1/2SW1/4, except
that portion conveyed to The Board of Count
Commissioners of Garfield County by cocr
recorded January 11, 1933, in Book 159 at
page 415 as Reception No. 114283.
?'.^C V__: Section 22: Sia1/4_x•11/4
?t.PCEL VIII:
?ARCEL IX:
Tract 66, situate and lying in Section 29, 30, 31, and 3:
of the Resurvey Plat, d.ted December 7, 1949, formerly
described as the NE1/4SE1/4 and E1/2SE1/4SE1/4 of said
Section 31 and the W1/2SW1/4 of said Section 32, all in
said Township and Range.
Township 8 South, Range 93 West, 6th Principal Meridian
Tracts 39, 40, and 41, situate and lying in Sections 5 a:
6 of the Resurvey Plat, dated December 7, 1949, formerly
described as Lots 3 and 4, SW1/4NW1/4 and W1/2SE1/4_'•11/4
of said Section 5, and Lot 8 and N1/2SE1/4NE1/4 of said
Section 6, all in said Township and Range.
Reception No
iu f/ .. I
2N1111-
41 i ? Ct t< Cl, C�tt i!6. . Recorder.
1.
'NIS DEED, Made this 22nd day of
1 ICEAS fl. SULLIVAII
May
, I9 79 , bettycen
of the County of Denver and State of Colorado, of the first part, and
JOHN J. FRANKS, K. JEAN FRANKS, WILLIAM H. HIATT, CHART PS R. AMEN,
JOEL M. WORLEY AND JOHN '".. BLACKIS
of the
County of l Iver
WITNESSETH, That the said part y of the
TEN DOLLARS and other good and valuable
to the said party of the first part in baud paid b
whereof is hereby confessed and acknowledged, have
and State of Colorado, of the second part,
first part, for and in consideration of the sum of
consideration Dollars,
y the .aid parties of the second part, the receipt
remised, released, sold, conveyed and Quit -Claimed,
and by these presents do remise, release, sell, convey and Quit -Claim unto the said parties of the
second part their heirs and assigns forever, all the right, title, interest, elaim and demand which the
said part y of the first part has in and to the lellowing des,•rihed
situate, lying and being in the County of Garfield
State of Colorado, to -wit : All of the following lands lying within Township 7 South,
Range 93 West of the 6th P.M.
land
and
PARCEL
I. Section 9: SL PsNE4, E zNEt , N1/2SE3
Section 10: MN, N35SW1/4, SW.,NE;
PAIL II,• Section 10: N'1SE1/4,
Section 11: SW 1T ,
Section 14: S--1,NE;,
The Board of County
recorded January 11,
f 114284.
PARCH III.
Section 10: S9;SE;
Section 14: NWp NW+
Section 15: N2NE;
PARCEL IV. Section 10: S,SWi
Section 15: I.11•:'
Section 16: EINE;
PAkQL, V.
PARCEL VI.
PARCEL VII.
SaSE s
W1 --SSW;, SEIISW11
E1•;W' , SE;, except that portion conveyed to
Commissioners of C,arfield County by document
1935, in Book 159 at page 416 as Reception
Section 15: SW NE;, W'SE', SW;
Section 22: N9 NWT , E =Ni9;, N1SSW' , except that portion conveyed
to The Board of County Commissioners of Garfield County by
document recorded January 11, 1933, in Book 159 at page 415 as
Reception No. 114283.
Section 22: S,P.NW,
Tract 66, situate and lying in Sections 29, 30, 31, and 32 of
the Resurvey Plat, dated December 7, 1949, formerly described
as the NESE and E1;SE',SE1/2 of said Section 31 and the WSW;
of said Section 32, all in said Township and Range.
No. 756. V, ,1 1., AISI D11 o. u,.,J!or+) 1,.n�,,;�,,,r c....p.m), I 4-( Si„m, su..,. Dotscr. Gd,.r.m
•
BOOK 5213 ?.r,ES G
PARE VIII. Township 8 South, Range 93 West, 6th Principal Meridian
Tracts 39, 40 and 41, situate and lying in Sections 5 and 6 of
the Resurvey Plat, dated December 7, 1949, formerly described
as Lots 3 and 4, SWhNitt; and 1111SEliNW of said Section 5, and
Lot 8 and N1/2SEhNL3 of said Section 6, all in said Tt nship
and Range.
Together with all water and water rights, ditch and ditch rights, springs,
reservoirs and domestic wells, used on or in connection with subject property.
TO HAVE AND TO HOLD THE SAME, Together with all and singular the appurtenances and privi-
leges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and
claim whatsoever of the said party of the first part, either in law or equity, to. the only proper use,
benefit and behoof of the said parties of the second part,
their
heirs and assigns, forever.
IN WITNESS WHEREOF, The said part, of the first part has hereunto set his band
and seal the day and year first above written.
Signed, Sealed and Delivered in Presence of
STATE OF COLORADO,
CiT' RNOCounty of OEI-%0 2 •
I,
�A�ET
in the State aforesaid, do hereby certify that
1 Samas M. II van (SEAL)
_.._(SEAL)
(SEAL)
(SEAL)
Thomas M. Sullivan
in and for said County
personally known to me to be the person whose name IS subscribed to the foregoing Deed, appeared
before me this day in person, and acknowledged that
went of writing as
NE signed, sealed and delivered the said instru-
free and voluntary act for the uses and purposes therein set forth.
Given under my hand and seal, this cc Mtl
of MAl A.D.191)9
My Commission espires CC c'e2 d.tf 19i�
1,1
day
•
Book 439 8:20 A. January 4, 1973 r
Page 284 ',-2 5th Ella Stephens,
saaptkx N. m""k
T11s DEED, K.d. tlds //e° lard December a 1172 e
bermes HAROLD B. ROSS and KATHRYN E. ROSS,
d the toot, of Delta ad Stam d
Caorada, d tis. done pert and LILA E. FRAM, as to an
undivided &interest, JOHN J. FRANKS and
K. JEAN FRANKS, as joint tenants,
as to an undivided one-third interest,
d the County d Park tad Stam d
FQ.DIO $?A
Colorado, of the second paw
WITNESSETH, That the said partiES of the first part, for and In considered= d the two, et Ten and
No/100 Dollars ($10.00) and other valuable consideration,
AMMAXIM
to the said part its of the first part 1. hand paid by the said parties of the second past. the receipt vbnsd 1.
hereby confessed and acknowledged, havewooled. bargained. said and easeg.d, and by these preemie i
grant, bargain. sell, convey and confirm ante the said parties of the second part, their heirs and assigns forever.
not in tenancy In common but in joint tenancy. all the following deseribed lots or parcel S of bad. situate. tying
and being in the County of Garfield and State at Coloreds. t. wits
As described in Exhibit A, attached hereto
and by this reference incorporated herein.
Together with all and singular the Leeedltaments and .ppnrteneness, thereunto belonging, sr im anywise app.rt.Yiag
and the reversion and reversions, remainder and remainders, rents, lana and profits thereof; end all *gestate. right.
title, interest, claim and demand whatsoever, of the said parties of the fiat part. either is 4w IC pais,. Of.
and to the above bargained premises, with the hereditaments and appartensmes; To Have and To 0.1d the add
premises above bargained and described, with the appurtenances, tate Lila E. Franks, John J.
Franks and K. Jean Franks the said panties et the saeead pest.
their beim sod assigns forever,
Andtheuld Harold B. Ross and Kathryn E. Ross,
parties of the first par, for them selves. their heirs. seseoteen sad
administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, Stair
heirs and assigns, the above bargained premises in the quiet and peaceable possession of the said partieSd the emceed
part, their heirs and assigns, against all and every person or persons lawfully claiming or to dais the whole or any
part thereof. by, through or under the said part les of the first part W Warrant and Forever intend, except
as to general taxes for 1972, payable in 1973.
1x WITNESS WHEREOF. the said port ies d the Set part have
and sed s the day and year first above written.
Signed, Sealed and Delivered 1■ the presence of
Tholierbgpiag hjstramsat
ts�`•.7Fyyh \Qaf'R18 8
jfi4.0
�,
ber.oband .et their s
rw�+r •v
was aelmowlsdged before me this // day d
Ross and Kathryn E. Ross.
jig•. f-c_h �i .11 "Thaw ray band •.{
ridajt:1-1.441.bus
December • •
[SEAM
[tel
•1f by natural preen or per.one ben Mout notes or saran: If by pusr.
s acting Y gr..ataw.Itt
. w erl
eewekr a Y
attorney -la -hut Own ie..rt name of ..room as eleeuter, attunel1-fart er et .r sagacity or 0.errtpttea; a b7 SOIY0 ea .M
aeration, race Wert tumo et awl.0 10001 or Orison 0e W prWAwt er calor eases,s of euek etr,eration. asaate7 s.—.Nlaewp
•elnorled,noel. 1.o !11.11-1. Coloreds 71.00.4 10.0.IN, 1041.
Nw BIS..FICIAL WA..AMTT DUD TO JOINT TVIONT1rawl1N pe aridan 0.. 0004.111111•O Omit D.... o+..`-100
•
• • •
1'
•
! 1 t i
; 1 EXHIBIT A
.Special Warranty Deed
from
• HAROLD B. ROES and KATHRYN E. ROSS
to
LILlt E. FR• A/1':S, JOflN J. FRANKS and K. JEAN FPJ XS
III
Book 439
Page 285
i,cyal description of Real Property being co..veyed, situate, lying
and being in the County of Garfield and State of Colorado, to -wit:
Township 7 South, Range 93 West, 6th Principal Meridian
Section 9: SW4NE', E1/4NE4, I14SEk;
Section 10: :h14, SW:, SE'. SANE1/4; •
Section 11: St• EWE/4, t11/4S'74, SE1/4St•11s;
Section 14: SEE:, E'4SW4,� S'ein.4N1/2NAS{4SEE j
Section 15: 1W4, SW1, ASIA,
Section 16: E'svi4; •
Section 22: E;:d'.•14, N414i?W'4, S{7;:1."s, N1/4SW14;
TRACT 66, situate and lying in Sections 29, 30, 31 and 32 of the
Resurvey Plat, dated December 7, 1949, formerly described as the
NE4SE4 and E'sSE;SE4 of said Section 31, and the W1/4St'11/4 of said Sec-
tion 32, all in said Township and Range.
Township 8 South, Range 93 West, 6th Principal Meridian
TRACTS 39, 40 and 41, situate and lying in Sections 5 and 6
of the Resurvey Plat, dated December 7, 1949, formerly described
andLNiSE411E4dof�said gSection U1/4 and 116,Fall infsaid d 8 Section 5, and Lot
Township and Range.
SUBJECT TO AND EXCEPTING the prior reservation of an undivided
one-third interest in all oil, gas and other minerals heretofore re-
served in that certain Warranty Deed, dated March 7, 1951, and record-
ed March 10, 1951•as Document No. 175343 in Book 257 at Page 196 in
the Office of the Clerk and Recorder, Garfield County, Colorado; that
prior reservation of an undivided one-third interest in all oil, gas
and other minerals as to all lands not therefore subject to mineral
reservations of record in that certain Warranty Deed dated February
2, 1951, recorded February 15, 1951, as Document No. 175129 in Book
256 at page 591 in the Office of the Clerk and Recorder, Garfield
County, Colorado; that prior reservation of all minerals, including
oil, oil shale and gas, .which underlie the surface, together with
the right to prospect on the following lands, SW'4SEk Sec. 10,
SW4Nt•14, Sec. 14, and t1'iNE' of Sec. 15, T. 7 S., R. 93 W., 6th
P.M., heretofore reserved in that certain Warranty Deed, dated Feb-
ruary 28, 1945, and recorded March 26, 1945, as Document No. 153721
in Book 214 at Page 506 in the Office of the Clerk and Recorder,
Garfield County, Colorado; that prior reservation, by first par-
ties' grantors of an undivided one-half interest in and tonal ors
oil, gas and other minerals then owned by first parties' g •
as reserved in that certain Warranty Deed, dated May 1, 1958, record-
ed May 27
of�the19SClerk andument no. Recorder,101683 in Garfield County09at Colorado.58 in the
TOGETHER WITH any and all ditches, ditch and water rights ap-
purtenant to said lands, including but not limited.to an undivided
one-half interest in the Hunter and Gant Ditch '1o. 18, with its
Priority No. 22, and the (hunter and Gant) Domestic Prioritits
lA (or la), and the High Ditch and Pipe Line No. 104,
Priority 110. 158 and Domestic Priority No. 14, all in Water Dis-
trict No. 45, Water Division No. 5, State Colorado.
INITIALS:
•
•
1
late is a4:25 a ,es P,r February 24, 1972 Book 421--r..-A.
2 269 Ella Steohene. te....i�.Pa€e 425 ,4«.
Reception x. 5 3 _
THIS DEED, Made this 18th dq dFebrnary ,
072 , bstw.es
--LILA E. FRANKS. JOHN J. FRANKS and K. JEAN PRAM
--
dr Cees* et Part
Celorade, el the drat part. sad
---HAROLD E. ROSS and XATBRTR E. ROSS-----
el the County et Delta and !tate et Weenie. et the Feed paths
wITNLSSRTH. tial the amid past d the dnt perk fur asd tm eeaddessdss et the esnt of
TEN DOLLARS and other good and valuable consideration .
to the said parties el the first part Is band paid W be said pates d the nand past. the ssedpt wiener Is
hereby confessed and aeknowledged. have greeted. bstg.kad..Id sad eesneyel, mad by these preseste is
Mat. bargain, ..14 eoavey sad confirm este the paid parties of the second parkas* We and amigos forever. sat
is tenancy in common bat is Joint tenancy. all the fellowtag described let s er parcels d land. situate. lying sad
being in tb. Cosat7 of Carf ield and State et Celaemde, te nth:
Township 7 South. Range 93 West. 6th Principal Meridian
Section 9: SLAdlfk, *IA;
Section 10: NA. Slits, Ph, 51$ I ;
Section 11: SWtdILA, iASSW1c, SEIES11/4;
Section 14: SE%. E4SL1/4, Shah, VOA, , SE1d r;
Section 15: Wt. SLAC, 1$ SElc, 1* sNE1 , Stilclldc$
Section 16: AM; SW�NW�. _
Section 22: EliN1Ac, NANA, c.
TRACT 66, situate and lying in Sections 29, 30, 31 and 32 of the Resurvey Plat.
dated December 7, 1949, formerly described as the NIS and E4SE SEk of said
Section 31, and the WISWic of said Section 32, all in said Township and Range.
Township 8 South, Range 93 Nest. 6th Principal Meridian
TRACTS 39, 40 and 41, situate and lying in 'Sections 5 and 6 of the Resurvey
Plat. dated December 7. 1949, formerly described as Lots 3 and 4, SARA and .
1s SEkNNtc of said Section 5. and Lot 8 and NISE1NEh of said Section 6, all in
said Township and Range.
SUBJECT TO AND EXCEPTING the prior reservation of an undivided one-third inter-
est in all oil, gas and other minerals heretofore reserved in that certain War-
ranty Deed, dated March 7. 1951, and recorded March 10, 1951 as Document No. 175-
343 in Book 257 at Page 196 in the Office of the Clerk and Recorder, Garfield
County, Colorado; that prior reservation of an undivided one-third in
all oil. gas and other minerals as to all lands not therefore subject to min-
erals reservations of record in that certain Warranty Deed dated February 2, 1951
recorded February 15, 1951 as Document No. 175129 in Book 256 at Page 591 in the
Office of the Clerk and Recorder. Garfield County, Colorado; that prior reserva-
tion of all minerals including oil, oil shale and gas. which underlie the surface
together with the right to prospect on the following lands. S1JsSElt Sec. 10.
Sec. 14. and N►NE) of Sec. 15. T. 7 S., R. 93 W., 6th P.M., heretofore reserved 1
that certain Warranty Deed, dated February 28, 1945, and recorded March 26, 1945
as Document No. 153721 in Book 214 at Page 506 1n the Office of the Clerk and Re-
corder, Garfield County. Colorado; that prior reservation, by first parties' grant
tors of an undivided one-half interest in and to all oil, gas and other minerals
then ty
dated May 1, '1, 1958, recordedMay a27.r1958 asaDocument No. t201683iin Book n 309 d
by first 309 at
Page 58 in the Office of the Clerk and Recorder, Garfield County, Colorado.
TOGETHER WITH any and all ditches. ditch and eater rights appurtenant to said
lands including but not limited to an undivided one-half interest in the Hunter
and Gant Ditch No. 18, with its Priority No. 22, and the (Bunter and Cant) Domes-
tic Priority No. 1A (or la), and the Righ Ditch and Pipe Line No. 104,
Priority No. 158 and Domestic Priority No. 14. all in Water District. No. 45.
Water Division No. 5.. State of Colorado.
TOGETHER aith a8 and singular the berudltaaab mai ap erte aaaes thereinto belawir0e. et la aaywbe
appertaining, sad the severslos and reversbeas„ teaetadw sad reaandere, rule. bases and pains thereat ma
.11 the estate, Agit; title, Intmres . claim sad demand whatsoever et the said parties of the dnt part. Aber Y
law .r equity. of, la end to the above bargained prs.hae. with tb. bMrdltas.K* sad app Wsaaew'
•
sal Rete
RECORDEri STAIR
.: EE 2.tin
sl.k. • e T
0
Ne. 7$L W AaalpITT DM—T. Jobe T+..e►—a..eha heai0re C+vOr. IoM Ora lbw*. Move. C.155U —e M
•
$:=
••••••aillw
;it; 1.1‘7••=$,
z L' • r = -.7====-7...$' '4444. •4 • =.,-4-4.'•
Page 426
$
TO RATE AND TO HOLD the said prerahres above bargained awl dasenledwith tka ailperhameee, wee
said parties ef the second part, their heirs sad enigma forever. And the WA yertiaa et the find ye* far -
them 061 ves, [111E1111dr', szeiretsre.ent adatiaistrabota. de armlet. Vast, bareata sal arm 6s
and with tha said parties ot Use second part, their beim and assigns, that at the time of the emenling and ilelina7
at these presents, they are well seized et the premises above inenveyed, as sif gook sure, perfect, aliothrie
and indefeasible estate of laltinritaaco la Ise. in fee simple, sad have goad right, fen Power eall howttl lasthoeft,
to grant, bargain, .121 .14 owing the suns ha annum and form aforesaid, and that the lams ars free sad dear hem
an former and other Frantz, bargains, sales, liana, taxes, aemennente sad lararahristets ef artataver thud or sabers.
saner. EXCEPT taxes for the year 1971. due and payable in 1973„ vhich ascend par-
ties hereby assume and agree to pay; EXCEPT reservations and conditions contain-
ed in the United States Patents to said lands; EXCEPT any and all easements and
right. -of -way of either a public or private nature, whether of record or not; -
1;.
'-=f7. • v,
, • •
•
•
and tie above bargained premises In the nag and peaceable possesaise of the said parties et the owed park their
heirs and asalgint, against .11 .14 every person or persons lawfully claiming or to slain the whets se say part tiered.
the said parties of the Drat part shall and will WARRANT AND !OBEYER DETEND.
IN WITNESS WHEREOF, the said partie. of the first part lave herniate .at their kande sae
sidle the day tad yss? first shove writhes.
:lived, Staled and Delivered la the Presses' al
4
E. FRANKS
MALI
STATZ OP COLORADO.
City and C. at Denver
Tim foregoing instrument was arkassisdeed before sae this 18th
,... • .., . , ,
dar !ctretflie:r7 "ji
972 . be ----LILA E. FRANKS, JOHN J. FRANKS and K. JEAN FRANKS ' -"- - •io N t "
317 enliallealos onirlii My Omnirdulori m7hotMry 15, ng • 12 • With*" Is/ hull PVT , *liiv4. •
.0 $41616 bring - •
, . ! : ' e4,'-‘32ii.-171-P' r•
• ur,/- --,.- .1 s ti ..
-,* "• *
"Ir - '1 r
: • lANKie.1.4. ',..' .
• 11lha smarm! para. sr parer bre Walt arra air marl Id Ur Orr.. smthr rmarrastalgro mdflaisS Smarrad or in smerardgrOdarm. '
Mr dart our of parer aa OIVOMIMF. alamorsms-la-tor sr other *wars derriptiost et dr Offer at maararsilma, Arm bora woo ,
otflasr or affirm as dr poridamil or odor affirm ad MA sesssara. armada l-
•
- • - = .44, 4
3
g
g1
s 4
8 It. 5
4 g
a
s
X w
a
1
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